Risolia v. First National Bank

The appellant is a beneficiary of a residuary trust created by the will of Carlyle Feldmann, who died in 1959. The testator’s will created two trusts. One was a general legacy to the trustees with provision for payment of the income therefrom to his widow (Irene Feldmann) for life.1 The other, the residuary trust under which the appellant claims, directed payment of $100 per month to the testator’s brother Roy R. Feldmann, during his lifetime, and that the balance of the net income be paid quarterly to the appellant.

On December 13, 1965, the appellant sued in the circuit court for declaratory…